16-2853 FDOT Landscape Contruction & Maintenance MOA

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RESOLUTION 16 -2853 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION OF A LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City of Casselberry (City), under an existing Agreement with Florida Department of Transportation (FDOT), currently maintains certain portions of US 17 -92 and SR 436 right -of -ways; and WHEREAS, a proposed commercial development between Triplet Lake Drive and West Melody Lane, west of and adjacent to the US 17 -92 corridor, necessitates right -of -way dedication, relocation of sidewalk, and adjustment to landscaping; and WHEREAS, FDOT has provided a proposed Landscape Construction and Maintenance Memorandum of Agreement to formalize City construction in and maintenance of this additional area; and WHEREAS, staff has reviewed the Memorandum of Agreement with FDOT and finds it acceptable to meet the needs of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AS FOLLOWS: SECTION I. The City Commission of the City of Casselberiy hereby approves the Landscape Construction and Maintenance Memorandum of Agreement with the Florida Department of Transportation and authorizes the Mayor to execute said document on behalf of the City. SECTION II. Conflicts. All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION III. Severability. If any Section or portion of a Section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other Section or part of this Resolution. SECTION IV. Effective Date. This Resolution shall become effective immediately upon its passage and adoption.